EMPEROR Vs. H C BAYNE

JUDGEMENT

(1.) The accused has been convicted under Section 279 of the Indian Penal Code of rashly and negligently driving a motorcar on a public road so as to endanger human life, and he has been sentenced to suffer one day s simple imprisonment and to pay a fine of Rs. 200 or in default to suffer 15 days simple imprisonment, his license also has been suspended and he has been declared disqualified from obtaining a license to drive a motor vehicle.

(2.) The sentence passed by the Magistrate falls short of that which would have entitled the accused to appeal, and so this application is made to us in revision.

(3.) But in an application for revision it is the ordinary rule to accept the lower Court s findings of fact, and so Mr. Lowndes has limited his arguments to asking for a revision of the sentence on the ground that the punishment is excessive, and that this is due to the Magistrate s having allowed himself to be influenced by considerations, for which there was no legal foundation.